Legislative Analysis Of Collective Operational Construction Land

Long-term since,our country rural collective management of construction land ownership,power and its realization ways and means to protect people's attention,but did not reach consensus in the theory and practice.Early in the property law and the draft,the people of the village collective land as to set the terms of the construction land is disputed,combined with our country in terms of rural collective construction land circulation practices differ,the legislature is therefore thinks the legislative conditions are not mature,need further to absorb the way of land reform in the field of practical experience,and in order to further carry out legislative work room,so that on March 16,2007,the tenth session of the fifth meeting of the National People's Congress examined and approved the text of the Real Right Law in the end in the"Part 3 Usufruct Rights" under the "chapter 12 Construction Land Use Rights" and on the relevant requirement of collectively-owned land for construction land,the law did not make specific provision,but set the article 151 of the "apply" clause,provisions of the "shall be handled in accordance with the law on land administration and other related laws."Problem is,The Law of Land Administration in current China,forbade collective construction land circulation,which directly resulted in the related fields around the reform practice and legislative requirements and direct conflict with the Law of Land Administration.Exactly,"The Law of Real Rights" and "The Law of Land Administration" legislation goal on the collective construction land,the dividing line between the actually is "law" and "insurance law" in the law of conflict,value guidance law of inner contradictions need legislation through the scientific method to coordinate.Under the background of current comprehensively deepen reform in our country,the rural collective management reform has been a substantial advance in the field of construction land,The Law of Land Administration of the change is now on the legislative agenda.At the same time,the compilation of civil code is intended to set up the property rights,which also provides an opportunity to resolve the conflict of intrinsic value between relevant laws.In this regard,the reconstruction of the legislative system of rural collective construction land with Chinese characteristics can be taken into consideration between the "protection law" and the "control law".Related the current legislative requirements,can be in the "right" at the same place and admit that collective construction land use rights on the basis of equal status,relaxing controls on land use of collective construction land,promote the comprehensive utilization of rural collective land and rational circulation.